King

In the first count of an information the defendant was accused of the crime of violation of section 93 of the Penal Code. In the second count he was accused of the crime of violation of section 96 of the Penal Code. He was found guilty with respect to each charge in a trial by jury. His motion for a new trial was denied. The proceedings were suspended without the imposition of sentence and he was placed on probation for a period of three years on certain terms and conditions, one of the conditions with respect to the first count being that he spend 180 days in the county jail. (See Pen. Code, § 1203.1.) While the notice of appeal makes reference to “all motions, orders and judgments of the Court made on May 11, 1962,” the date upon which probation was granted, we treat the appeal as being one from the judgment (order granting probation) under the provisions of section 1237 of the Penal Code.

The defendant was a juror in the trial of a civil action for the recovery of damages brought by Joseph Granone and Edward Tsuruta, who did business as partners under the name of Atlas Farms, against the County of Los Angeles and the Shell Oil Company. The trial was of long duration. The…